Case Overview

Criticizing and directing concerns to the government is a prized American tradition, a hallmark of a free nation and a right essential to self-government. That’s why the First Amendment so strongly protects it. And that cherished right includes the freedom to criticize law enforcement–it’s what separates our liberty-loving nation from a police state. 

David Streever exercised that freedom. After Immigration and Customs Enforcement agents shot and killed Alex Pretti in Minneapolis in January 2026, Streever, like countless other Americans, was outraged. So the Rochester, New York resident emailed the then-Acting Director of ICE, Todd Lyons. In three paragraphs, he condemned Lyons’ defense of the ICE agents and appealed to Lyons’ conscience. 

David never expected what came next. Five months after his email, ICE agents appeared at David’s home and served his wife with an ominous “WARNING NOTICE,” which declares “YOU MAY BE IN VIOLATION OF FEDERAL LAW,” insists David cease his “criminal” activities (that is, criticizing ICE), and threatens “federal and state prosecution.” David’s wife informed the agents he was in Europe vacationing with their seven-year old daughter. But that didn’t stop ICE agents from pursuing David. Two days later, David and his daughter checked into a New York City hotel to rest after their long flight home. While they were sleeping, an ICE agent showed up at the front desk looking for David — who has no idea how federal agents knew where he was staying. 

Under the First Amendment, the government has no business intimidating critics. Yet that’s exactly what Department of Homeland Security and ICE officials are doing to David. Not only are their coercive and retaliatory efforts chilling David’s speech, they threaten the speech of any American wishing to criticize the government.

With FIRE’s help, David is standing up for his First Amendment rights and those of all Americans. On July 6, 2026, FIRE filed a lawsuit against DHS and ICE officials, asking a federal court to end those officials’ speech-chilling tactics.

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